Penland v. Agnich

OPINION

KINKEADE, Justice.

This is a will construction case. Appellants contend the trial court erred in granting a partial summary judgment that declared the term “lawful issue,” as used in a will executed in 1945, included appellees, who are adopted. Because we conclude the trial court properly construed the will, we affirm the trial court’s judgment.

FACTUAL AND PROCEDURAL BACKGROUND

On August 10, 1945, J.M. Penland (Pen-land) executed a will. The will included specific bequests to his wife and his “beloved nephew (by marriage),” as well as a modest gift to two employees. The will disposed of…